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INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
№. 2011/001. Date: XXXXXXX, 2011
This Agreement is made and executed in connection with the below referenced
Scrap Rail Sale-Purchase Contract between XXXXXXXX as Buyer and PDVSA VENEZUELA as Seller.
Contract No. : 2011/ 001
Type of Contract : NCND / IFP Master Agreement
Subject to : Purchase and Sale Contract No.
Buyer's Company Name:
Represented by :
Seller's Company Name:
Product :
Origin:
Contracted Product Quantity :
Contract Period: 12 Months (xxxxxxMT per Month)
Destination :
Price: US$
Business Facilitator:
Commission Paid by Buyer under IMFPA:
Commission Paid by Buyer to:
Principal Paymaster for:
NON-CIRCUMVENTION, NON-DISCLOSURE IRREVOCABLE MASTER FEE PROTECTION
AND WORKING AGREEMENT (NCNDA) AGREEMENT (IMFPA)
¹: ____ ¹: ____
WHEREAS the undersigned Parties wish to enter into 1. We, the undersigned, XXXXXXXXXX, herein further referred
this Agreement to define certain parameters of the as the Buyer’s, represented herein by Mr. XXXXXXX, under
future legal obligations among them, are bound by a penalty of perjury in the applicable international law, do hereby
duty of Confidentiality with respect to their sources
and contacts. This duty is in accordance with the irrevocably confirm and irrevocably accept to pay the
International Chamber of Commerce rules and commission fees stated in Clause 6 herein
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 1 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
practices; below to the named fee beneficiaries at the same time and in
the manner as the Buyer is being paid by us for each Product
WHEREAS the undersigned desire to enter a working
shipment under the above referenced Scrap Rail Sale-
business relationship to the mutual and common
benefit of both Parties hereto, including their affilia- Purchase Contract (herein after called Contract) up to full
tes, subsidiaries, stockholders, partners, co-ventures, completion thereof plus its rollovers and extensions.
trading partners, and other associated organizations;
2. We, the Buyer’s, warrant and irrevocably confirm that based
In view of the high importance of the proposed on the executed and effective Contract and upon signature of
business relationship, no agreements or other the present IMFPA Agreement (herein after called
documents will be drawn up and signed off by any of
Agreement) - we will order and direct our below designated
the Parties until the Parties participating in this deal
accept and sign a previously coordinated Agreement bank to issue and automatically implement payment orders to
by and between them on non-circumvention; the amount of commission fees in favor of the beneficiaries
named below in Clause 6.
3. Furthermore, we, the Buyer’s, confirm that all these pay
The present Agreement is executed in connection orders – according to provisions of Clause 6 hereof, will
with the above referenced Scrap Rail Sale-Purchase
Contract. The signing Parties to the present automatically transfer funds as directed, into beneficiaries’
Agreement are properly represented companies designated bank accounts not later than 3 (three) banking
whose names and signatures are affixed on the days after the date of closing and completion of each shipment
signature sheet hereof; of the Product during the entire Contract term plus its any
WHEREAS the Parties intend to conclude a extensions and rollovers. For the purpose of clarity, we confirm
business confidential Agreement, which if that the closing and completion of each shipment of the
successfully implemented within the timeframe set by Product shall be deemed to take place when the corresponding
the Parties, will be connected closely to the
conditions, documents pertaining to this business, letter of credit / payment instrument issued by the Buyer's has
and also to conditions of the present Agreement on been drawn down at the counters of the issuing bank.
non-circumvention and non-disclosure, and also
considering aspiration of the Parties to ensure 4. We, the Buyer’s, undertakes to provide all beneficiaries with
confidentiality of the above stated deal and to keep in written evidence of the pay orders lodged with our bank
secret the numbers and codes of all banks, sources, together with acknowledgements of their acceptance.
phones, faxes, telex, telegraph, CUCIP and SWIFT
codes, and names and addresses of associates, Furthermore, our bank will be instructed by us to provide duly
clients, bank personnel, business and trading agents, signed and stamped acknowledgement of this instruction as set
and also financial sources and agreements and any out herein forming part of this Agreement. It is understood that
other significant information becoming confidential for the purposes of this Agreement, our bank shall be the same
during performance by the Parties of their respective bank used to pay the Buyer under the Contract and this IMFPA
obligations, directly or indirectly; Agreement is executed exclusively in connection with the said
NOW THEREFORE in consideration of the mutual
Contract.
promises, assertions and covenants herein and other
good and valuable considerations, the receipts of
which is acknowledged hereby, the Parties hereby 5. We the undersigned, being the Buyer’s named legally
agree, as follows: authorized representative as stated in the signed and legally
binding Scrap Metal Used Rail, unconditionally agree and
1. TERMS AND CONDITIONS
undertake to approve and originate all payments in USD
À. The Parties will not in any manner solicit, nor currency to all of the beneficiaries named herein below as their
accept any business in any manner from sources or rightful and payable commissions. This Agreement also acts as
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 2 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
their affiliates, which sources were made available a record confirming the commission amounts for each named
through this Agreement, without the express beneficiary as set out below.
permission of the Party who made available the
6. TOTAL COMMISSION FEES UNDER THE PRESENT
source, and
NCND / IFP Master Agreement №: 2011/001:
Â. The present and subsequent deals of the Parties
and between the Parties, and also their agents and US $ xxx (xxx) US DOLLARS per 1 (One) USG of total
representatives, will be carried out exclusively on a XXXX USG. AND IS PAID BY THE BUYER IN FAVOR OF
confidential basis and will stay strictly confidential for THE BELOW SPECIFIED BENEFICIARY ACCORDING TO
all concerned for the entire term of their validity, and THE FOLLOWING AMOUNT:
C. The Parties undertake not to circumvent each The above stated total commission amount is unconditionally
other and not to try to conclude any deals both paid by the Buyer during the Contract’s entire validity
directly, and through other legal and physical persons, according to the pay orders and within the timeframe set forth
represented by one Party to the other Party, using in Clause 2 and Clause 3 of this Agreement accepted by the
information on numbers and codes of all banks, Buyer’s bank, into the below designated account of the
sources, phones, faxes, telex, telegraph, CUSIP and commission fee disbursers (herein after called Principal
SWIFT, and also names and addresses of Paymaster as Party to the present Agreement, and after
associates, clients, bank personnel, business and reciprocal bank confirmations of the payment by the Buyer.
trading agents, and also about financing sources and The above said commission is unconditionally transferred by
agreements and other significant data which directly the Buyer according to payment details submitted to him by the
or indirectly can become confidential during Fee Beneficiary in the following amount:
performance by the Parties obligations taken
previously, and BENEFICIARY : Business Facilitator:
D. The Parties also undertake to not circumvent not Total $ XXX per 1 (One) USG of the total contracted
only each other, but also any other persons, business volume of the Product (XXXX USG.) = US$XXXX (
contacts, agreements and deals which can be XXXXXMillion US Dollars)
submitted by one Party directly and indirectly, not to
come into contact directly or indirectly, to not allow, Above stated commission fee amount is unconditionally
nor charge and authorize a third party to introduce distributed by the Business Facilitator as Principal
business contacts to these persons, and not to Paymaster via bank wire transfer to the below Seller’s and
acquaint them with business affairs directly or Buyer´s Intermediaries Group Beneficiaries’ accounts as
indirectly. This Agreement will be binding for all submitted according to their individual Sub Fee Protection
Parties – participants of the present and subsequent Agreements being executed with the Principal Paymaster
deals, and also their agents, employees, and accepted by the Principal Paymaster’s bank - at the time
representatives, associates and relatives for the of signing the present Agreement by and between the Buyer
duration of this Agreement, starting from its signing and the Principal Paymaster According to SuB-IFPA
date, and
E. The Parties undertake to timely inform each other 7. TERMS AND CONDITIONS:
about activity on the deal and in case of need at once This Irrevocable Master Fee Protection Agreement is valid for
present to the other Party upon its request all five (5) years after its signing, takes effect from the effective
correspondence, agreements, copies of documents
including documents sent by facsimile / e-mail, and date of the above referenced Contract and covers the initial
continually inform each other on all activity during the Contract and shall include any of its renewals, extensions,
rollovers, additions or any new or transfer contracts any how
tem of the present Agreement. All documents, copies, originated from this transaction because of the above
including those sent via facsimile / e-mail should have facilitators or changing codes of the initial Contract entered into
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 3 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
identical legal power as documents sent and received by and between the Seller and Buyer.
by reliable post communication means, and This Irrevocable Master Fee Protection Agreement and any
subsequently issued pay orders shall be assignable,
F. The Parties understand and agree that confidential transferable and divisible and shall not be amended without the
express written and notarized consent of the receiving
character of the prospective deal, its procedures and
beneficiary.
methods of execution are the significant property of All Parties hereof undertake neither to circumvent nor to
attempt to circumvent either for the transaction of the current
both Parties and in case of a breach of the Contract or in the future for a period of five (5) years from the
Agreement the Parties will incur serious losses, both date of the execution of this Agreement.
on the present and on subsequent deals. In case of This document binds all Parties, their employees, associates,
detection of any breach of provisions and conditions transferees, assignees, successors, heirs and/or designees.
All faxed and/or e-mailed signatures shall be considered as
of non-circumvention by one of the Parties, the
original signatures for the purpose of binding all Parties to this
deal(s) is subject to immediate termination short of Agreement. This document may be signed in any required
completing it (them). The guilty Party shall pay to the number of counterparts all of which taken together shall
affected Party the penalty at a rate of all planned sum constitute as being one and the same instrument.
of the income and will lose the right to obtain a share Any provision of this document can only be amended by the
of the income which will instead cover the forced Parties through mutual agreement in writing signed off by all
expenses of the affected Party including but not Parties concerned.
limited to all legal costs, to recover damages to the
affected Party and/or its business partners, and Furthermore, we unconditionally agree that any and all
commissions due shall be paid to the beneficiaries as a result
G. In presence of incontestable proofs of guilt in the of any extension or rolls of the afore referenced Contract and
breach of the Agreement by the guilty Party, the undertake to effect all necessary bank documentation without
affected Party is exempted from execution of any undue delays to ensure such commissions are paid
obligations of non-disclosure of concrete facts throughout the entire duration of this Agreement and the
pertaining to the Agreement, and other significant underlying Contract.
information necessary for the affected Party while
presenting claims to the guilty Party. We, the Buyer’s, confirm that the terms of sale and purchase
of the Product and implementation of respective Seller/Buyer
H. In case of disclosure and circumvention during mutual obligations are stipulated exclusively within the above
execution of the present deal, including disclosure to said Contract. The commission fee bbeneficiaries named
third parties, without prior mutual agreement, of above in the present Agreement both from the Seller side and
information on commercial terms, received bonuses Buyer side, are acting strictly as their agents and/or
and commissions agreed by the Parties to be paid consultants and shall have no liability whatsoever towards the
out for contribution to the successful implementation Seller and/or Buyer and their respective agents, mandates
of the deal and all other related transactions, the and/or personnel in respect of any obligations undertaken by
affected Party with due observance of the law, has the Seller and Buyer under the Contract.
the right not to be limited only by obtaining material The beneficiaries specified above in this Agreement and acting
redress in the form of cash recompense, but also may as agents and/or consultants - shall not be responsible either
pursue to bring the guilty Party to responsibility under for observance by the Buyer and Seller of the terms and
other law violations for breaching terms and conditions of the Contract executed by and between them,
conditions of this Agreement, and and/or for compensation of damage, negligence,
misrepresentation and other legal and financial liability in
I. This Agreement is valid for any and all transactions connection with any losses and/or damage of any nature
between the Parties hereof and is governed by the incurred by the Buyer and/or Seller, and their respective
enforceable law in all Commonwealth Countries,
European Union Countries, USA Courts, or by mandates, and/or intermediaries and/or personnel in the
Swiss Law; and in the event of dispute, the performance by them of the above said Contract, including,
without limitation, such financial and legal consequences as
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 4 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
arbitration laws of the above states will apply, with the incidental, direct or consequential (indirect) damage, loss of
signing Parties hereby accepting selected jurisdiction profit, loss of opportunity, loss of business, etc.
of Orlando, Florida as the exclusive venue, and 8. PARTIAL INVALIDITY:
The illegality, invalidity and non-enforceable provision(s) of this
J. The duration of the Agreement shall perpetuate for document under the laws of any jurisdiction shall not question
five (5) years from last date of signing by both Parties its legality, validity or enforceability under the law of any other
and comes into force from the effective date of the jurisdiction or provision.
above stated Scrap Rail Sale-Purchase Contract. 9. GOVERNING LAW AND JURISDICTION:
This document shall be governed and construed in accordance
with the current Swiss Law or I.C.C 400/500/600 rules for Non
2. AGREEMENT TO TERMS
Circumvention and Non Disclosure recognized by the Parties.
10. ARBITRATION:
A. Signatures on this Agreement received by the way
All Parties agree to refer any disputes between the Parties
of facsimile, mail and/or e-mail shall be an executed
contract as hard copies thereof exchanged by the arising out of or in connection with this Agreement including
Parties and lodged with their respective banks. any questions regarding its existence, validity or termination -
to arbitration rules of the international Arbitration Centre (I.A.C)
B. This Agreement shall be enforceable and in Zurich, Switzerland.
admissible for all purposes as may be necessary 11. AGREEMENT TO TERMS:
under the terms of the Agreement. Signatures on this Agreement received by the way of
facsimile, mail and/or e-mail shall be an executed contract as
C. The Parties confirm that they have read attentively hard copies thereof exchanged by the Parties and lodged with
the foregoing Agreement and have completely their respective banks.
understood and unconditionally accepted its This Agreement shall be enforceable and admissible for all
provisions and conditions which are binding and are purposes as may be necessary under the terms of the
directed not only to protect interests of both Parties,
Agreement.
but also those of their lawful representatives, The Parties confirm that they have read attentively the
successors, heirs and assignees. foregoing Agreement and have completely understood and
unconditionally accepted its provisions and conditions which
D. All signatories hereto acknowledge that by their are binding and are directed not only to protect interests of
signatures they have full necessary authority to both Parties, but also those of their lawful representatives,
execute this Agreement for and in the name of the successors, heirs and assignees.
Party for which they have given their signature. All signatories hereto acknowledge that by their signatures
they have full necessary authority to execute this Agreement
for and in the name of the Party for which they have given their
signature.
“ACCEPTED AND AGREED BY THE PARTIES WITHOUT CHANGE”
(Electronic signatures are valid and accepted as hand signatures)
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)
1. EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this
Agreement. As applicable, this Agreement shall Incorporate:
U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and National Commerce Act’’ or such other applicable
law conforming to the UNCITRAL Model Law on Electronic Signatures (2001).
ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations
Centre for Trade Facilitation and Electronic Business (UN/CEFACT).
2. EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable. Either Party may
request hard copy of any document that has been previously transmitted by electronic means provided
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 5 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
however, that any such request shall in no manner delay the Parties from performing their respective obligations and
duties under EDT instruments.
COMPANY, BANK DETAILS AND SIGNATURES OF THE PARTIES:
BUYER
BUYER COMPANY DETAILS: BUYER BANK DETAILS:
Company Name
BELOW NAMED BANK IS DESIGNATED BY BUYER
and Reg No.:
AS COMMISSION FEE PAYING BANK
Company Address: Buyer’s Bank Name:
Represented by: Buyer’s Bank
Address:
Buyer Account
Nationality /
Name:
Passport No.:
Tel: Buyer Account №
E-mail :
SWIFT Code:
Bank Officer:
Bank Tel:
Bank Fax:
Total Commission Payable
Buyer’s Payment Under This Agreement for US$ 4,800,000.00 ( Four Millions and Eight Hundreds
Instructions to Bank: Distribution To Fee Thousands US Dollars) ACORDING TO SUB-IFPA
Beneficiaries:
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 6 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
BUYER COMPANY
SIGNATURE AND
SEAL:
REPRESENTATIVE
PASSPORT:
SEPTEMBER 27, 2011
SIGNATURE:
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 7 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
DATE:
The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state the following:
REQUIRED MESSAGE “CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS, EARNED FROM FINANCIAL
CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST
FROM BUYER’S BANK:
ORIGINS, FOR SAME DAY SETTLEMENT. Remitter is known to us. This is done with full banking
responsibility and we are satisfied as to the source of the funds sent us.
PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER AND EMAIL a notification
SPECIAL immediately upon each tranche transfer payment together with the transactions code(s) to:
INSTRUCTIONS:
UNAUTHORISED CONTACT WITH BUYER AND / OR BUYER’S BANK CANCELLS THIS AGREEMENT.
ALL BANK CHARGES ARE TO THE FEE BENEFICIARIES’ ACCOUNT
BUYER MANDATE
BUYER MANDATE COMPANY DETAILS: BUYER MANDATE BANK DETAILS:
Company Name
BELOW NAMED BANK IS DESIGNATED BY BUYER
and Reg No.:
AS COMMISSION FEE PAYING BANK
Company Address: Buyer’s Bank Name:
Represented by: Buyer’s Bank
Address:
Buyer Account
Nationality /
Name:
Passport No.:
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 8 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
Tel: Buyer Account №
E-mail :
SWIFT Code:
Bank Officer:
Bank Tel:
Bank Fax:
Total Commission Payable
Buyer’s Payment Under This Agreement for US$ 3,000,000.00 ( Three Millions US Dollars) ACORDING
Instructions to Bank: Distribution To Fee TO SUB-IFPA
Beneficiaries:
BUYER COMPANY
SIGNATURE AND
SEAL:
REPRESENTATIVE
PASSPORT:
SEPTEMBER 27, 2011
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 9 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
SIGNATURE:
DATE:
The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state the following:
REQUIRED MESSAGE “CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS, EARNED FROM FINANCIAL
CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST
FROM BUYER’S BANK:
ORIGINS, FOR SAME DAY SETTLEMENT. Remitter is known to us. This is done with full banking
responsibility and we are satisfied as to the source of the funds sent us.
PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER AND EMAIL a notification
SPECIAL immediately upon each tranche transfer payment together with the transactions code(s) to:
INSTRUCTIONS:
UNAUTHORISED CONTACT WITH BUYER AND / OR BUYER’S BANK CANCELLS THIS AGREEMENT.
ALL BANK CHARGES ARE TO THE FEE BENEFICIARIES’ ACCOUNT
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 10 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
BUYER AGREE TO PAY TO THE PAYMASTER BELOW
PRINCIPAL PAYMASTER DETAILS: PAYMASTER BANK DETAILS:
Company Name BELOW NAMED BANK IS DESIGNATED BY BUYER
and Reg No.: AS COMMISSION FEE PAYING BANK
Paymaster´s Bank
Company Address:
Nam e:
Paymaster´s Bank
Represented by:
Address:
Nationality / / Account #:
Passport No.:
Account Name:
Tel: SWIFT Code:
Bank Officer Email
E-mail :
Bank Officer:
Bank Tel:
Bank Fax:
Total Commission Payable
Paymaster Payment Under This Agreement for US$ 1,800,000.00 (One Million and Eight Hundreds
Instructions to Distribution To Fee Thousands US Dollars): According to Sub-IFPA
Bank Beneficiaries:
PRINCIPAL
PAYMASTER
SIGNATURE AND
SEAL:
PASSPORT:: September 27th, 2011
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 11 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
SIGNATURE:
DATE:
The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state the following:
REQUIRED MESSAGE “CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS, EARNED FROM FINANCIAL CONSULTING
FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS, FOR SAME
FROM BUYER’S BANK:
DAY SETTLEMENT. Remitter is known to us. This is done with full banking responsibility and we are
satisfied as to the source of the funds sent us.
PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER AND EMAIL a notification immediately
SPECIAL
upon each tranche transfer payment together with the transactions code(s) to:
INSTRUCTIONS:
ALL BANK CHARGES ARE TO THE FEE BENEFICIARIES’ ACCOUNT
END OF DOCUMENT
_______________________________________________________________________________________
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 12 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
NOTARY PUBLIC
ON THIS___DAY OF__________________ 2011
THE UNDERSIGNED INDIVIDUAL NAMED ________________________________(Buyer), HOLDING THE PASSPORT NUMBER
_________________________APPEARED BEFORE ME, PROOFING TO BE THE INDIVIDUAL DESCRIBED IN THE PRESENTED
DOCUMENT AND WHO EXECUTED THE FREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE EXECUTED THE
SAME AS HIS FREE WILL AND DEED WITHOUT ANY RESERVATION
MY COMMISSION EXPIRES:
_______________________ [SEAL]
NOTARY PUBLIC
ADDRESS:
TELEPHONE:
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 13 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE AND WORKING AGREEMENT (NCNDA)
AND IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
Buyer Bank Endorsement
This irrevocable payment order has been lodged with us and will be executed as per instructions above.
______________________________
Bank Officer Name:
Title:
Pin Number:
Bank Name:
Seal:
Date: ________________ _____, 2011
NCDA AND IMFP AGREEMENT No.2011/001
Date: September 27th, 2011
Page 14 of 14
BUYER: BUYER MASTER: PRINCIPAL PAYMASTER: Yarrow J. Vicioso
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